(a) Notice. A party intending to appeal
must serve and file a notice of appeal and otherwise comply with these Rules.
Service and filing are defined by Rule 262.

(b) Time for Service.

(1) Appeals
From the Court of Common Pleas. A notice of appeal shall be served on all
respondents within thirty (30) days after receipt of written notice of entry of
the order or judgment. When a timely motion for judgment n.o.v. (Rule 50,
SCRCP), motion to alter or amend the judgment (Rules 52 and 59, SCRCP), or a
motion for a new trial (Rule 59, SCRCP) has been made, the time for appeal for
all parties shall be stayed and shall run from receipt of written notice of
entry of the order granting or denying such motion. When a form or other short
order or judgment indicates that a more full and complete order or judgment is
to follow, a party need not appeal until receipt of written notice of entry of
the more complete order or judgment.

(2) Appeals
From the Court of General Sessions. After a plea or trial resulting in
conviction or a proceeding resulting in revocation of probation, a notice of
appeal shall be served on all respondents within ten (10) days after the
sentence is imposed. In all other cases, a notice of appeal shall be served on
all respondents within ten (10) days after receipt of written notice of entry
of the order or judgment. When a timely post-trial motion is made under Rule
29(a), SCRCrimP, the time to appeal shall be stayed and shall begin to run from
receipt of written notice of entry of an order granting or denying such
motion. In those cases in which the State is allowed to appeal a pre-trial
order or ruling, the notice of appeal must be served within ten (10) days of
receiving actual notice of the ruling or order; provided, however, that the
notice of appeal must be served before the jury is sworn or, if tried without a
jury, before the State begins the presentation of its case in chief.

(3) Appeals
From the Family Court. A notice of appeal in a domestic relations action
shall be served in the same manner provided by Rule 203(b)(1). A notice of
appeal in a juvenile action shall be served in the same manner as provided by
Rule 203(b)(2).

(4) Appeals From
Masters and Special Referees. The notice of appeal from an order or
judgment issued by a master or special referee shall be served in the same
manner as provided by Rule 203(b)(1).

(5) Appeals
From Probate Court. When a direct appeal is authorized by S.C. Code Ann. §
62-1-308(g), the notice of appeal shall be served in the same manner as
provided by Rule 203(b)(1).

(6) Appeals
From Administrative Tribunals. When a statute allows a decision of the
administrative law court or agency (administrative tribunal) to be appealed
directly to the Supreme Court or the Court of Appeals, the notice of appeal
shall be served on the agency, the administrative law court (if it has been
involved in the case) and all parties of record within thirty (30) days after
receipt of the decision. If a timely petition for rehearing is filed with the
administrative tribunal, the time to appeal for all parties shall be stayed and
shall run from receipt of the decision granting or denying that motion. If a
decision indicates that a more full and complete decision is to follow, a party
need not appeal until receipt of the more complete decision.

(c) Cross-Appeals. A
respondent may institute a cross-appeal by serving a notice of appeal on all
adverse parties, or in the case of an appeal from the administrative tribunal,
by serving a notice of appeal on the agency, the administrative law court (if
it has been involved in the case) and all parties of record, within five (5)
days after receipt of appellant’s notice of appeal, or within the time
prescribed by Rule 203(b), whichever period last expires.

(d) Filing.

(1) Appeals from the Circuit Court, Family
Court and Probate Court.

(A)Where
to File. The notice of appeal shall be filed with the clerk of the lower
court and with the Clerk of the Supreme Court in the following cases:

(i) Any
final judgment from the circuit court which includes a sentence of death.

(ii) Any
final judgment involving a challenge on state or federal grounds to the
constitutionality of a state law or county or municipal ordinance where the
principal issue is one of the constitutionality of the law or ordinance;
provided, however, in any case where the Supreme Court finds that the
constitutional issue raised is not a significant one, the Supreme Court may
transfer the case to the Court of Appeals.

(iii) Any
final judgment from the circuit court involving the authorization, issuance, or
proposed issuance of general obligation debt, revenue, institutional,
industrial, or hospital bonds of the State, its agencies, political
subdivisions, public service districts, counties, and municipalities, or any
other indebtedness now or hereafter authorized by Article X of the Constitution
of this State.

(iv) Any final judgment from the circuit court pertaining to elections
and election procedure.

(v) Any
order limiting an investigation by a State Grand Jury under S.C. Code Ann. §
14-7-1630.

(vi) Any
order of the family court relating to an abortion by a minor under S.C. Code
Ann. § 44-41-33.

In all other cases, the notice of appeal shall be filed with
the clerk of the lower court and the Clerk of the Court of Appeals.

(B) When and What to File. The notice of
appeal shall be filed with the clerk of the lower court and the clerk of the
appellate court within ten (10) days after the notice of appeal is served. The
notice filed with the appellate court shall be accompanied by the following:

(i) Proof
of service showing that the notice has been served on all respondents;

(ii) A
copy of the order(s) and judgment(s) to be challenged on appeal if they have
been reduced to writing;

(iii) A
filing fee as set by order of the Supreme Court;[1] this fee is not required for criminal appeals or appeals by the State of South Carolina or its departments or agencies;

(iv) If the appeal is
from a guilty plea, an Alford[2] plea or a plea of nolo contendere, a written explanation showing that there is
an issue which can be reviewed on appeal. This explanation should identify the
issue(s) to be raised on appeal and the factual basis for the issue(s)
including how the issue(s) was raised below and the ruling of the lower court
on that issue(s). If an issue was not raised to and ruled on by the lower
court, the explanation shall include argument and citation to legal authority
showing how this issue can be reviewed on appeal. If the appellant fails to make
a sufficient showing, the notice of appeal may be dismissed;

(v) If
the notice of appeal is from a post-conviction relief case and the lower court
determined that the post-conviction relief action is barred as successive or
being untimely under the statute of limitations, the written explanation
required by Rule 243(c), SCACR; and,

(vi) If
the notice of appeal is from a habeas corpus proceeding and the lower court
determined that habeas corpus relief was improper because the issues could have
been raised in a timely application under the Post-Conviction Relief Act (seeSimpson v. State, 329 S.C. 43, 495 S.E.2d 429 (1998)), a written
explanation as to why this determination was improper. This explanation
must contain sufficient facts, argument and citation to legal authority to show
that there is an arguable basis for asserting that the determination by the
lower court was improper. If the appellant fails to make a sufficient
showing, the notice of appeal may be dismissed.

(2) Appeals from Administrative Tribunals.

(A Where to File. Appeals from a decision of the Public Service
Commission setting public utility rates pursuant to Title 58 of the South
Carolina Code of Laws shall be filed with the Clerk of the Supreme Court.
Unless otherwise required by statute, all other appeals from administrative
tribunals shall be filed with the Clerk of the Court of Appeals.

(B) When and What to File. The notice of appeal shall be filed
with the clerk of the appellate court within the time required to serve the
notice of appeal under Rule 203(b)(6). The notice filed with the appellate
court shall be accompanied by the following:

(i) Proof of service showing that the notice has been served on the
agency, the administrative law court (if it has been involved in the case), and
all parties of record;

(ii) A copy of the decision(s) to be challenged on appeal; and

(iii) A
filing fee as set by order of the Supreme Court;[3] this fee is not required for criminal appeals or appeals by the State of South Carolina or its departments or agencies.

(3) Effect of Failure to Timely File. If the notice of appeal is
not timely filed or the filing fee is not paid in full, the appeal shall be
dismissed, and shall not be reinstated except as provided by Rule 260.

(e) Form and Content. The notice of appeal shall be
substantially in the form designated in the Appendix to these Rules.

(1) Appeals from
the Circuit Court, Family Court and Probate Court. In appeals from lower
courts, the notice of appeal shall contain the following information:

(A) The name of the court, judge, and county from which the appeal is
taken.

(B) The docket number of the case in the lower court.

(C) The date of the order, judgment, or sentence from which the appeal
is taken; and if appropriate for the determination of the timeliness of the
appeal, a statement of when the appealing party received notice of the order or
judgment from which the appeal is taken, or, if a cross-appeal, when the
respondent received appellant’s notice of appeal.

(D) The name of the party taking the appeal.

(E) The names, mailing addresses, and telephone numbers of all attorneys
of record and the names of the party or parties represented by each.

(2) Appeals from
Administrative Tribunals. In appeals from administrative tribunals, the
notice of appeal shall contain the following information:

(A) The name of the agency and the name of the administrative law judge
(if applicable).

(B) The docket number of the case before the administrative law court,
or if the appeal is from an agency, the docket number before the agency.

(C) The date of the decision from which the appeal is taken; and if
appropriate for the determination of the timeliness of the appeal, a statement
of when the appealing party received the decision from which the appeal is
taken, or, if a cross-appeal, when the respondent received appellant’s notice
of appeal.

(D) The name of the party taking the appeal.

(E) The names, mailing addresses, and telephone numbers of all attorneys
of record and the names of the party or parties represented by each.

Last amended by Order dated January 29, 2009, effective
April 29, 2009, by Order of the same date.

[1]By order
dated April 17, 1990, this filing fee was set at one hundred ($100.00) dollars.